Legal Opinion

Van Nostrand v. Marvin

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1897PublishedCited by 7 opinions

Appeal by the defendants, Sarah M. Marvin and Fanny V. N. Ramsdell, individually and as executors and trustees, etc., of John J. Van Nostrand, deceased, from so much of an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 30th day of November, 1896, upon the report of a referee as adjudges as follows: “ And in case said Fanny Van Nostrand Ramsdell dies without lawful descendants her…

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Appeal by the defendants, Sarah M. Marvin and Fanny V. N. Ramsdell, individually and as executors and trustees, etc., of John J. Van Nostrand, deceased, from so much of an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 30th day of November, 1896, upon the report of a referee as adjudges as follows: “ And in case said Fanny Van Nostrand Ramsdell dies without lawful descendants her surviving, then said one-third part vests in fee, on the death of-said Fanny Van Nostrand Ramsdell, in the following named…

1Opinion of the Court

Bradley, J.:

The action is for partition of real property included in the residue ary estate of John J. Van Nostrand, covered by the provisions of the eleventh clause of his will, which is as follows:

“ 11. All the rest of my estate I give, devise and bequeath to my executors in trust, to collect the rents and income and apply the same to the use of my children during their natural lives, and after their decease to their children the part the deceased parent would be entitled to under the laws of the State of New York.”

He died in 1889, leaving surviving him three children : Gardiner Van…

2Cases cited1 opinion

  1. Howland v. . ClendeninNew York Court of Appeals · 1892

3Cited by7 opinions

  1. Doane v. . Mercantile Trust Co.New York Court of Appeals · 1899
  2. Grinnell v. HowlandNew York Supreme Court · 1906
  3. Irving v. ReesAppellate Division of the Supreme Court of the State of New York · 1911
  4. Shindler v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1912
  5. Hersee v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1897

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